By- Arushi Bisht

Section 2(e) of THE GEOGRAPHICAL INDICATIONS OF

GOODS (REGISTRATION AND PROTECTION) ACT, 1999
 “Geographical Indication”, in relation to goods, means an indication

which identifies such goods as agricultural goods, natural goods or

manufactured goods as originating, or manufactured in the territory of a
country, or a region or locality in that territory, where a given quality,
reputation or other characteristic of such goods is essentially
attributable to its geographical origin and in case where such goods are
manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such
territory, region or locality, as the case may be
 Examples
 In India  Around The world
 Basmati rice  Swiss Watch
 Mysore silk  Canadian Whisky
 Darjeeling Tea  Florida Orange
 Kolhapuri Chappal
 Alphonso mango
 Madhubani painting
 Geographical Indications International
Agreements
 India is member of WTO
 TRIPs [Agreement on Trade- Related Aspects of IPR 1994]
• Article 22: Prevent misleading the public as to the geographical origin
of the good.
• Article 23: prevent the use of a geographical indication identifying
wines not originating in the place. This kind of protection is
challenging, if Article 22 fails to provide sufficient intellectual
property protection for the benefit of the genuine right-holders of a GI.
A producer not belonging to the geographical region indicated by a GI
may use the indication as long as the product’s true origin is indicated
on the label, thereby free-riding on its reputation and goodwill
Geographical Indications and
Trademark
 Both Indicates Product Origin
 Then how are they different?
Trademark Belongs to a particular company it
distinguishes that company’s product where as
Geographical Indications are shared by all
producers in the region identified by the
Geographical Indications .
Geographical Indications are attached to a location
but trademark don’t.
Case Studies

Turmeric

Basmati
Rice

Darjeeling
Tea
Registration
Infringement
 When an unauthorised user uses a Geographical
Indication that indicates or suggest that such goods
originate in geographical area than the true place
of origin of such goods in a manner which mislead
the public as to the origin of such goods.
 Punishment-
Imprisonment- 6 months to 3 years and/or a fine
between INR 50,000 to INR 2,00,000
Rights of Action Against Passing- Off

 Purpose-To protect the name, reputation and good will of

traders or producers against unfair attempt to use them.
 Section 20(2) of the act states that “ Nothing in this Act shall
be deemed to affect rights of action against any person for
passing off goods as the goods of another person or the
remedies in respect thereof.”
 Same is stated in Article 24.3 of TRIPs
Conclusion
 Every Country whether developed, developing or in
transition – has products which are the fruits of its culture
and know- how. Many registered GIs in India face acute
shortage of in-house funds for taking up post-registration
measures. In such cases, the Government or NGOs could
proactively and financially assist to set up separate funds that
expedite the post-registration process.